==========================================START OF PAGE 1====== UNITED STATES SECURITIES AND EXCHANGE COMMISSION Litigation Release No. 15138 / October 29, 1996 SEC v. Frank S. Colin, (U.S.D.C. N.D. Illinois, Civil Action No. 96C7049) The Securities and Exchange Commission (Commission) announced that on October 28, 1996, a civil injunctive action was filed in the U.S. District Court for the Northern District of Illinois against Frank S. Colin of Flossmoor, Illinois. The Complaint seeks a Final Judgment and Order of Permanent Injunction and Other Equitable Relief enjoining Colin from future violations of Section 17(a) of the Securities Act of 1933, Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5 thereunder. The Complaint also seeks an order of disgorgement, plus prejudgment interest, against Colin. The Complaint alleges that Colin was a registered representative associated with David A. Noyes & Co., Inc., a broker-dealer registered with the Commission and located in Chicago. The Complaint also alleges that one of Colin's customers at Noyes owned a brokerage account containing approximately $1.6 million in securities and funds. The Complaint further alleges that on July 10, 1995, Colin posed as that customer at a Chicago office of Citicorp Investment Services, Inc. (Citicorp), a broker-dealer registered with the Commission, sought to transfer the customer's account from Noyes to Citicorp, forged the customer's signature on an account transfer document and on account opening documents at Citicorp, and provided a Chicago address on the account opening documents, although the customer resided in Florida. The Complaint alleges that, during the period of approximately July 10, 1995 through August 10, 1995, Colin, without the consent of the customer, caused the customer's brokerage account to be transferred from Noyes to Citicorp, sold all of the customer's securities which were transferred from the customer's Noyes account to the account at Citicorp, and made unauthorized purchases of state and municipal bonds in the customer's brokerage account at Citicorp. The Complaint also alleges that Colin misappropriated approximately $835,000 of the customer's funds from the account at Citicorp for various personal uses, including, but not limited to, purchases of gold coins, repayments of credit card debts and personal loans, repayment of a residential mortgage, real estate rentals, and purchases of computer equipment. The Complaint further alleges that, as a part of his fraudulent trading scheme, Colin made untrue statements of material facts and omitted to state material facts to the customer, Citicorp and Noyes concerning the transfer of the customer's account from Noyes to Citicorp, his sales of the customer's securities, his purchases of bonds in the customer's account at Citicorp and his personal uses of the ==========================================START OF PAGE 2====== customer's funds.